Procedure : 2007/0113(COD)
Document stages in plenary
Document selected : A6-0195/2008

Texts tabled :

A6-0195/2008

Debates :

PV 22/10/2008 - 3
CRE 22/10/2008 - 3

Votes :

PV 22/10/2008 - 4.7
CRE 22/10/2008 - 4.7
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2008)0511

REPORT     ***I
PDF 401kWORD 1030k
4.6.2008
PE 398.606v03-00 A6-0195/2008

on the proposal for a directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange

(COM(2007)0303 – C6‑0159/2007 – 2007/0113(COD))

Committee on the Internal Market and Consumer Protection

Rapporteur: Toine Manders

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Legal Affairs
 OPINION of the Committee on Transport and Tourism
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange

(COM(2007)0303 – C6‑0159/2007 – 2007/0113(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0303),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0159/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Transport and Tourism and the Committee on Legal Affairs (A6‑0195/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission  Amendments by Parliament

Amendment  1

Proposal for a directive

Recital -1 a (new)

Text proposed by the Commission

Amendment

 

(-1a) Since tourism plays an increasingly important role in the economies of the Member States, the timeshare and long-term holiday industries have to be stimulated to achieve greater growth and productivity by adopting a minimum set of common rules;

Amendment  2

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) Since the adoption of Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified.

(1) Since the adoption of Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange contracts, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified, with a view to preventing the development of products which aim to circumvent this Directive.

Justification

Brings the recital into line with Articles 1 and 2.

Amendment  3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. However, for certain aspects Member States should be able to continue to apply stricter rules.

(3) In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, certain aspects of the marketing, sale and resale of timeshare and long-term holiday products as well as exchange of timeshare should be fully harmonised. Member States should not be allowed to maintain or introduce national legislation in the fields covered by this Directive. When dealing with issues not covered by the provisions in this Directive, Member States should remain free to maintain or introduce national legislation in conformity with Community law.

Amendment  4

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) This Directive should be without prejudice to national rules relating to registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

deleted

Justification

Brings the recital into line with Article 1 paragraph 1.

Amendment  5

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The different products covered by this Directive should be clearly defined and the provisions concerning pre-contractual information and the contract should be clarified and updated.

(5) The types of products covered by this Directive should be clearly defined in such a way as to preclude circumvention of its provisions and in particular the provisions concerning pre-contractual information, the contract and the withdrawal period should be clarified and updated.

Justification

The problem with the existing Directive is that its provisions were too easily circumvented by unscrupulous operators. The new Directive should be as watertight as possible.

Amendment  6

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) The definition of a timeshare contract does not include in its scope multiple bookings of a hotel room if the contract is of a duration of less than one year. Ordinary lease contracts would also not be included in the scope since they refer to one single continuous period of occupation and not to multiple periods.

Justification

Reducing the period to one year might include transactions which it is not the intention to cover, such as advance hotel bookings which require pre-payment or some hotels offer coupon systems with a validity term of more then one year. In order to avoid misinterpretation, these exclusions should be mentioned clearly.

Amendment  7

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5b) The definition of long-term holiday products covers contracts where the right is obtained against consideration. Thus, ordinary loyalty schemes, providing discounts on future stays in the hotels of a hotel chain, namely "discount vouchers" or "hotel cheques", should not be covered.

Amendment  8

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) The consumer should have the right to choose the language to be used for the pre-contractual information and in the contract.

 

(6) The consumer should have the right to choose the language to be used for the pre-contractual information and in the contract between the language or one of the languages of the Member State in which he/she is resident or in the language or one of the languages of the Member State of which he/she is a national which shall be an official language or official languages of the Community. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the property is situated which shall be an official language or official languages of the Community.

Amendment  9

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a) In order to ensure the consumer has a global understanding of the protection granted by this Directive, the trader shall provide the consumer with a check-list; the check-list should be based on the use of standard forms, available in all Community languages.

Justification

In order to draw the attention of the consumer and to facilitate his understanding of his right of withdrawal, the contract shall include a check-list.

Amendment  10

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission

Amendment

 

(6b)Taking into account the existing regulatory gaps and the lack of harmonised legislation, the Member States and the Commission are invited to work towards the creation of a model contract in all the official languages of the Community, containing all the basic and indispensable contractual provisions.

Amendment  11

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) In order to give the consumer the possibility to fully understand what his obligations and rights are under the contract he should be allowed a period during which he may withdraw from the contract without having to justify it. Currently the length of this period varies between Member States, and experience shows that the length prescribed in Directive 94/47/EC is not sufficiently long. The period should therefore be extended and harmonised.

(7) In order to give the consumer the possibility to fully understand what his/her obligations and rights are under the contract he/she should be allowed a period during which he/she may withdraw from the contract without having to justify it. Currently the length of this period varies between Member States. In order to achieve a high level of consumer protection and more clarity for consumers and industry this period should be harmonised.

Justification

To clarify the text.

Amendment  12

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) The prohibition on advance payments to the trader or any third party before the end of the withdrawal period should be clarified in order to improve consumer's protection. For resale, the prohibition of advance payment should apply until the actual sale has taken place or the resale contract has been terminated.

(8) The prohibition on advance payments to the trader or any third party before the end of the withdrawal period should be clarified in order to improve consumer's protection.

Justification

Brings the recital into line with Article 6 and clarifies the text.

Amendment  13

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) For ancillary contracts, the prohibition on advance payments should apply only if the ancillary contract is concluded during the withdrawal period of the main contract to which it relates. .

Amendment  14

Proposal for a directive

Recital 8 b (new)

Text proposed by the Commission

Amendment

 

(8b) In addition, for resale contracts, the prohibition on advance payment should apply until the actual sale has taken place or the resale contract has been terminated.

Justification

Brings the recital into line with Article 6 and clarifies the text.

Amendment  15

Proposal for a directive

Recital 8 c (new)

Text proposed by the Commission

Amendment

 

(8c) Considering the nature of the problem currently faced by consumers, both consumers and the industry would benefit if long-term holiday product traders were placed under an obligation to provide sufficient evidence of financial security in the event of insolvency.

Amendment  16

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) In the event of withdrawal from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between that third party and the trader, the credit agreement should be terminated without any penalty. The same should apply to ancillary contracts, such as contracts for membership in exchange systems.

(9) In the event of withdrawal from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between that third party and the trader, the credit agreement should be terminated without any costs for the consumer. The same should apply to ancillary contracts.

Amendment  17

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The consumer should not be deprived of the protection granted by this Directive. This should also be the case where the law of a non-Member State is the law applicable to the contract.

(10) The consumer should not be deprived of the protection granted by this Directive. This should also be the case where the law of a third country is the law applicable to the contract and the real property is located in a Member State of the European Union. To this end, the provisions of this Directive relating to the withdrawal period and information requirements should be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 of the European Parliament and of the Council of ... on the law applicable to contractual obligations (Rome I)1.

 

____________________

1 OJ L XX, xx/xx/xx, p. x.

Amendment  18

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) It is necessary to ensure that persons or organisations having, under national law, a legitimate interest in the matter have legal remedies for initiating proceedings against infringements of this Directive.

(12) It is necessary to ensure that persons or organisations (which might include a national or European licensing authority regulating those products within the scope of this Directive) having, under national law or EU law, a legitimate interest in the matter have legal remedies for initiating proceedings against infringements of this Directive.

Amendment  19

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) The law applicable to contracts relating to timeshare or long-term holiday products should be determined in accordance with Article 6 of Regulation (EC) No .../2008 (Rome I). The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, should be determined in accordance with Section 4, Consumer Contracts, of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 1(Brussels I Regulation) except where the dispute relates to the existence, nature or extent of a right in rem.

 

_______________

1 OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

Justification

Any doubts relating to jurisdiction should be removed in order to obviate needless disputes.

Amendment  20

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and encourage traders to inform about their codes of practice that exist in the field.

(14) Consumers should be effectively informed of their rights under this Directive. Traders should inform consumers about their codes of conduct that exist in the field.

Amendment  21

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) Member States should encourage economic operators to set up (EU) branch organisations to ensure the development and management of the codes of conduct in close cooperation with designated authorities.

Amendment  22

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

 

(16a) In accordance with point 34 of the Interinstitutional Agreement on better law-making1, Member States should draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and make them public.

_________

OJ C 321, 31.12.2003, p.1.

Justification

This amendment concerns implementation of the interinstitutional agreement on better law-making (OJ C 321, 31.12.2003, p.1).

Amendment  23

Proposal for a directive

Article 1

Text proposed by the Commission

Amendment

1. This Directive shall apply to the protection of consumers in respect of certain aspects of the marketing and sale of timeshare and long-term holiday products. It shall also apply to the resale of timeshare and long-term holiday products, and the exchange of timeshare.

1. The purpose of this Directive is to contribute to the proper functioning of the internal market, and to achieve a high level of consumer protection by harmonising the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshare and long-term holiday products as well as to the exchange of timeshare.

This Directive applies to trader-to-consumer transactions.

This Directive applies to trader-to-consumer transactions.

This Directive is without prejudice to national legislation providing for general contract law remedies enabling the consumer to terminate the contract.

2. This Directive is without prejudice to national legislation providing for:

 

- general contract law remedies,

- national rules relating to registration and conveyance of movable or immovable property, conditions of establishment or authorisation regimes,

- determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

2. Member States may continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, and which relate to:

 

(a) the starting point for the right of withdrawal;

 

(b) the modalities of exercising the right of withdrawal;

 

(c) the effects of exercising the right of withdrawal.

 

Amendment  24

Proposal for a directive

Article 2 – paragraph 1 – point (a)

Text proposed by the Commission

Amendment

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more than one period of occupation;

(a) ’timeshare contract’ means a contract of a duration of more than one year by which a consumer acquires for consideration the right to use accommodation on a recurrent basis;

Amendment  25

Proposal for a directive

Article 2 – paragraph 1 – point (b)

Text proposed by the Commission

Amendment

(b) ’long-term holiday product’ means a contract of a duration of more than one year by which a consumer acquires against consideration primarily the right to obtain discounts or other benefits on accommodation, in isolation or together with travel or other services;

(b) ’long-term holiday product contract’ means a contract of a duration of more than one year by which a consumer acquires for consideration primarily the right to obtain discounts or other benefits on accommodation, with or without other facilities, in isolation or together with travel or other services;

Amendment  26

Proposal for a directive

Article 2 – paragraph 1 – point (d)

Text proposed by the Commission

Amendment

(d) ’exchange’ means a contract by which a consumer against consideration joins a scheme which allows him to modify the location and/or time of his timeshare interest through an exchange;

(d) ’exchange contract’ means an ancillary contract by which a consumer for consideration joins an exchange system which allows him/her access to accommodation or other value added services in exchange for granting temporary access to others to the benefits of his/her timeshare rights;

Amendment  27

Proposal for a directive

Article 2 – paragraph 1 – point (g)

Text proposed by the Commission

Amendment

(g) ’ancillary contract’ means any contract which is subordinated to another contract.

(g) ’ancillary contract’ means any contract which is related to a main contract, meaning a timeshare contract or a long-term holiday product contract;

Justification

From a legal point of view, the word "related" seems more appropriate.

Amendment  28

Proposal for a directive

Article 2 – paragraph 1 – point (g a) (new)

Text proposed by the Commission

Amendment

 

(ga) ’durable medium’ means any instrument which enables the consumer to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

Justification

In order to grant legal certainty to both consumers and traders, a clearer definition is needed.

Amendment  29

Proposal for a directive

Article 2 – paragraph 1 – point (g b) (new)

Text proposed by the Commission

Amendment

 

(gb) ’code of conduct’ means an agreement or set of rules not imposed by law, regulation or administrative provision of a Member State which defines the behaviour of traders who undertake to be bound by it in relation to one or more particular commercial practices or business sectors.

Justification

In order to grant legal certainty to both consumers and traders, a clearer definition is needed.

Amendment  30

Proposal for a directive

Article 3 – paragraphs 1 and 2

Text proposed by the Commission

Amendment

1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where it can be obtained.

1. Member States shall ensure that any advertising indicates in a clear manner that any contract offer by the trader will include the information referred to in paragraph 2 and how that information can be obtained.

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

2. In good time before the consumer is bound by any contract, the trader shall provide the consumer with written information in a clear and concise manner, where applicable, on a general description of the product, on the right of withdrawal laid down in Article 5, and on the prohibition on advance payment during the period allowed for withdrawal. In addition, the consumer shall receive information on the following items, where applicable:

(a) in the case of timeshare, the information set out in Annex I and, if the contract concerns accommodation under construction, the information set out in Annex II;

(a) in the case of a timeshare contract, the information set out in Annex I and, if the contract concerns accommodation under construction, the information set out in Annex II;

(b) in the case of a long-term holiday product, the information set out in Annex III;

(b) in the case of a long-term holiday product contract, the information set out in Annex III;

(c) in the case of resale, the information set out in Annex IV;

(c) in the case of a resale contract, the information set out in Annex IV;

(d) in the case of exchange, the information set out in Annex V.

(d) in the case of an exchange contract, the information set out in Annex V.

 

The information shall be free of charge and provided by the trader on paper or in another durable medium.

Amendment  31

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. At the same time and in the same form as the information referred to in paragraph 2, the trader shall also inform the consumer that, in accordance with international private law, the contract may be governed by a law other than the national law of the consumer and possible disputes may be referred to other courts than the court in which the consumer is resident or is habitually domiciled.

Amendment  32

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. In case of resale the trader's obligation to provide the information under paragraph 2 applies towards the consumer who may enter into the resale contract.

3. In case of a resale contract the trader's obligation to provide the information under paragraph 2 applies towards the consumer who may enter into the resale contract.

Justification

Brings the text in line with Article 2.

Amendment  33

Proposal for a directive

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. The information referred to in paragraph 2 shall be drawn up in one of the official languages of the Community, as chosen by the consumer.

4. Member States shall ensure that the information referred to paragraph 2 is in writing or in another durable medium, in easily legible font size, and drawn up in the language or one of the languages of the Member State in which the consumer is resident or in the language or one of the languages of the Member State of which he/she is a national which shall be an official language or official languages of the Community, at the consumer’s option. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the property is situated which shall be an official language or official languages of the Community.

Justification

The consumer will rarely be in a position to impose his free choice on the trader. The choice should be between the language(s) of the Member State of residence of the consumer and the language(s) of the Member State of which he is a national. Furthermore, account needs to be taken of the need to monitor application of the directive, particularly in Member States where timeshare contracts are subject to notarial registration requirements; accordingly, the language regime laid down in Directive 94/47 should be retained.

Amendment  34

Proposal for a directive

Article 4 – title

Text proposed by the Commission

Amendment

The contract

Common provisions for main and ancillary contracts.

Amendment  35

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

4. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

4. Member States shall ensure that the contract is in writing or in another durable medium, in easily legible font size, and drawn up in the language or one of the languages of the Member State in which the consumer is resident or in the language or one of the languages of the Member State of which he/she is a national which shall be an official language or official languages of the Community, at the consumer’s option. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the property is situated which shall be an official language or official languages of the Community.

Amendment  36

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from unusual or unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care have been exercised.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer before the contract is concluded.

Any such changes to the information referred to in Article 3(2) shall be communicated in writing, on paper or another durable medium, to the consumer before the contract is concluded.

The contract shall expressly mention any such changes.

 

Amendment  37

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. If the information referred to in points (a) to (o) of Annex I, points (a), (b) and (d) of Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V has not been provided in writing or in another durable medium, the consumer is deemed not to be bound by the contract.

Amendment  38

Proposal for a directive

Article 4 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. In addition to the information referred to in Article 3(2), the contract shall:

 

(a) mention the identity and place of residence of the parties;

 

(b) mention the date and place of conclusion of the contract, and

 

(c) be signed by both parties.

Amendment  39

Proposal for a directive

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The consumer shall receive a copy of the contract at the time when it is concluded, on paper or in another durable medium.

Amendment  40

Proposal for a directive

Article 4 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. Where a timeshare contract is to be financed by a loan of which the trader has been informed, the contract for the timeshare shall be deemed to have been concluded subject to the condition that the loan is granted before the end of the withdrawal period referred to in Article 5(1).

Amendment  41

Proposal for a directive

Article 4 a (new)

Text proposed by the Commission

Amendment

The corresponding contractual clauses shall be signed separately by the consumer.

The corresponding contractual clauses shall be signed separately by the consumer.

 

2. The main or resale contract shall include a check-list intended to underline the rights given to consumers by this Directive and to facilitate the exercising of the right of withdrawal in accordance with Article 5.

 

The check-list should be based on the use of standard forms, available in all Community languages, and should contain a detachable form to exercise the right of withdrawal.

 

The check-list shall in a brief and clear manner specify the following:

 

- the identity and residence of all parties;

 

- the nature of the right which is subject to the main contract;

 

- the exact period within which the right which is the subject of the main contract may be exercised and, if necessary, its duration;

 

- the date on which the consumer may start to exercise the contractual rights;

 

- the price to be paid by the consumer for the timeshare, long term holiday product or for the services provided by the resale trader;

 

- the associated costs with the timeshare or long term holiday product;

 

- where appropriate the services or facilities to which the consumer will have access;

 

- whether it is possible to join exchange system;

 

- information about the length of the right of withdrawal;

 

- information about the ban on advance payments;

 

- whether the trader is a signatory of codes of conduct;

Justification

In order to draw the attention of the consumer and to facilitate his understanding of his right of withdrawal, the contract shall include a check-list.

Amendment  42

Proposal for a directive

Article 5 – paragraphs 1 to 3

Text proposed by the Commission

Amendment

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

1. The consumer shall have a period of twenty-one calendar days to withdraw from the main contract or the resale contract, without giving any reason.

 

That withdrawal period shall begin either:

 

(a) from the day of the conclusion of the contract or a binding preliminary contract; or

 

(b) from the day on which the consumer receives the contract or a binding preliminary contract if that day is later than the date referred to in point (a).

2. If the contract does not include all the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II, but the information is provided in writing within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information.

 

3. If the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing of the contract.

 

Justification

It is desirable that consumers sold offers while on holiday have the opportunity to return home and reflect on the decision, away from possible pressure selling. To ensure this a 21 day period is more reliable.

Amendment  43

Proposal for a directive

Article 5 – paragraphs 4 and 5

Text proposed by the Commission

Amendment

4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.

4. If the consumer intends to exercise the right of withdrawal he/she shall, before the expiry of the deadline, notify, on paper or on another durable medium, the trader or the person whose name and address appear in the contract for that purpose. The deadline shall be deemed to have been observed if the notification is dispatched before the deadline expires.

5.Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.

 

Amendment  44

Proposal for a directive

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

6. Where the consumer exercises the right of withdrawal, he/she shall not be required to make any reimbursement.

Amendment  45

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

1. Member States shall ensure that for timeshare and long-term holiday products any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he/she may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

Amendment  46

Proposal for a directive

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Paragraph 1 shall apply to ancillary contracts concluded within the period referred to in Article 5(1).

Amendment  47

Proposal for a directive

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Any payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

2. In addition, any advance payment, provision of guarantees, reservation of money on accounts, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

Amendment  48

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Specific provisions relating to long-term holiday products

 

1. For long-term holiday product contracts, payment shall be made according to a staggered payment schedule; the payments, including any membership fees, shall be divided into instalments with at least three instalments, each of which should be of equal value for contracts not exceeding ten years, and at least five instalments, each of which should be of equal value for contracts of more than ten years; the time at which each instalment is payable shall be calculated across the term of the contract in order that equal periods of time lapse between each date on which payment is due. The trader shall send a written request for payment, on paper or on other durable medium, at least 14 calendar days in advance of each due date.

 

Without prejudice to the right of withdrawal referred to in Article 5, from the second instalment payment onwards, the consumer may terminate the contract without incurring any penalty by giving notice to the trader within 14 calendar days of receiving the request for payment for each instalment; this right shall not affect the rights of contract termination under the existing legislation.

 

2. Member States shall ensure that long-term holiday product traders are placed under an obligation to provide sufficient evidence of financial security in the event of insolvency.

Amendment  49

Proposal for a directive

Article 7

Text proposed by the Commission

Amendment

1. Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically terminated, without any penalty.

1. Should the consumer exercise his/her right to withdraw from the main contract, any ancillary contracts shall be automatically terminated, without any costs for the consumer.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any penalty, if the consumer exercises his right to withdraw from the main contract, as provided for in Article 5.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any costs for the consumer, if the consumer exercises his/her right to withdraw from the main contract, as provided for in Article 5(1).

3. The Member States shall lay down detailed rules on the termination of such contracts.

3. The consumer shall be able to terminate the exchange at any time.

Amendment  50

Proposal for a directive

Article 8

Text proposed by the Commission

Amendment

1. Member States shall ensure that, if the law applicable to the contract is the law of a Member State, any contractual clauses whereby the consumer waives his rights, as provided for in this Directive, shall not be binding.

Member States shall ensure that, if the law applicable to the contract is the law of a Member State, the consumer may not waive the rights conferred on him/her by this Directive, unless otherwise specified in this Directive.

2. Whatever the applicable law, the consumer shall not be deprived of the protection granted by this Directive, if the immovable property concerned is situated within the territory of a Member State or the contract has been entered into in a Member State.

 

Justification

This is now covered by the new Articles 8a and 8b.

Amendment  51

Proposal for a directive

Article 8 a (new)

Text proposed by the Commission

Amendment

Article 8a

 

Applicable law and jurisdiction

 

1. The law applicable to contracts relating to timeshare or long-term holiday products shall be determined in accordance with Article 6 of Regulation (EC) No ..../2008 (Rome I).

 

2. The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, shall be determined in accordance with Section 4, Consumer Contracts, of Regulation (EC) No 44/2001, except where the dispute relates to the existence, nature or extent of a right in rem.

Justification

This clarification appears desirable in order to avoid unnecessary litigation and references to the European Court of Justice.

Amendment  52

Proposal for a directive

Article 8 b (new)

Text proposed by the Commission

Amendment

Article 8b

 

Overriding mandatory provisions

 

The provisions of this Directive relating to the withdrawal period and information requirements shall be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 (Rome I).

Justification

Clarifies the legal position.

Amendment  53

Proposal for a directive

Article 9 – paragraphs 1 and 2, introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive in the interests of consumers.

1. Member States shall ensure and supervise general compliance by their traders with this Directive in the interests of consumers.

2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:

2. One or more of the following bodies, as determined by national law, shall be entitled to take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:

Amendment  54

Proposal for a directive

Article 9 – paragraph 2 – point (a)

Text proposed by the Commission

Amendment

(a) public bodies or their representatives;

(a) public authorities or bodies or their representatives;

Justification

Clarification aimed at extending the range of organisations concerned.

Amendment  55

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take the appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, traders to inform consumers of their codes of conduct.

1. Member States shall take the appropriate measures to inform the consumer of the national law transposing this Directive.

 

Member States shall encourage the development of codes of conduct and ensure that, where appropriate, consumers are informed about these codes of conduct.

 

Member States shall encourage economic operators to set up (EU) branch organisations to ensure the development and management of the codes of conduct in close cooperation with designated authorities.

Amendment  56

Proposal for a directive

Article 10 – paragraph 2 – subparagraphs 1 a and 1 b (new)

Text proposed by the Commission

Amendment

 

Member States shall ensure that (EU) branch organisations offer consumers the possibility of an alternative dispute resolution system to handle complaints.

 

Member States shall encourage and support such branch organisations to develop a European wide voluntary quality label aimed at allowing labelled traders to carry an official 'kite' mark approved and supported by the Member States.

Amendment  57

Proposal for a directive

Article 10 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall ensure the availability of full information on and access to the legal mechanisms which may be used by the consumer and the trader under the Brussels I Regulation, with reference to the out-of-court settlement of consumer disputes and legal actions of a judicial and administrative nature.

Justification

In view of their public character, full information on and access to the legal mechanisms available to consumer and trader under Regulation No 44/2001 of 22 December 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters should be guaranteed by the Member States, the aim being to ensure a high level of consumer protection and a stable and transparent market.

Amendment  58

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

The Commission shall review this Directive and report to the European Parliament and the Council no later than five years after the date of application of the national provisions transposing this Directive.

The Commission shall review this Directive and report to the European Parliament and the Council no later than three years after the date of application of the national provisions transposing this Directive.

Justification

To ensure that provisions in this regulation can be taken onboard in the possible debate on a horizontal instrument on consumer protection a timely review is desirable.

Amendment  59

Proposal for a directive

Article 14

Text proposed by the Commission

Amendment

Directive 94/47/EEC is repealed.

Directive 94/47/EC is repealed.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VI.

Amendment  60

Proposal for a directive

Annex I – point (a)

Text proposed by the Commission

Amendment

 

I. Information about the trader

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the main contract is concluded;

Amendment  61

Proposal for a directive

Annex I – point (b)

Text proposed by the Commission

Amendment

 

II. Information about the right acquired

(b) the exact nature of the right which is the subject of the contract and a clause setting out the conditions governing the exercise of that right within the territory of the Member States(s) in which the property or properties concerned are situated and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled;

(b) the exact nature of the right which is the subject of the main contract and a clause setting out the conditions governing the exercise of that right within the territory of the Member States(s) in which the property or properties concerned are situated and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled;

Amendment  62

Proposal for a directive

Annex I – point (b a)

Text proposed by the Commission

Amendment

(ba) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

Amendment  63

Proposal for a directive

Annex I – point (c)

Text proposed by the Commission

Amendment

 

III. Information about the properties

(c) where the contract concerns a specific immovable property, an accurate description of that property and its location; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

(c) where the main contract concerns a specific immovable property, a detailed description of that property and its location; where the main contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the main contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

Amendment  64

Proposal for a directive

Annex I – point (d)

Text proposed by the Commission

Amendment

(d) the services (e.g. electricity, water, maintenance, refuse collection) to which the consumer has or will have access to and under what conditions;

deleted

Amendment  65

Proposal for a directive

Annex I – point (e)

Text proposed by the Commission

Amendment

(e) the common facilities, such as swimming pool, sauna, etc, to which the consumer has or may have access, and, where appropriate, under what conditions;

deleted

Amendment  66

Proposal for a directive

Annex I – point (f a) (new)

Text proposed by the Commission

Amendment

(fa) should the contract offer the right to occupy one unit of accommodation within a complex, information concerning restrictions on the scope for the consumer to occupy any unit of accommodation at any time within the complex;

Amendment  67

Proposal for a directive

Annex I – point (f b) (new)

Text proposed by the Commission

Amendment

 

IV. Information on the costs

 

(fb) the price to be paid by the consumer;

Amendment  68

Proposal for a directive

Annex I – point (g)

Text proposed by the Commission

Amendment

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

(g) an appropriate description of all costs associated with the timeshare contract; how these costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

Amendment  69

Proposal for a directive

Annex I – point (h)

Text proposed by the Commission

Amendment

(h) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

deleted

Amendment  70

Proposal for a directive

Annex I – point (i)

Text proposed by the Commission

Amendment

(i) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

deleted

Amendment  71

Proposal for a directive

Annex I – point (k)

Text proposed by the Commission

Amendment

(k) whether or not it is possible to join a scheme for the exchange or resale of the contractual rights, information about the relevant schemes and an indication of costs related to resale and exchange through these schemes;

(k) whether or not it is possible to join a system for the exchange or resale of the contractual rights, information about the relevant exchange system and an indication of costs related to resale and exchange through this system;

Amendment  72

Proposal for a directive

Annex I – point (l)

Text proposed by the Commission

Amendment

(l) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to management decisions, increase of costs and the handling of queries and complaints;

deleted

Amendment  73

Proposal for a directive

Annex I – point (m)

Text proposed by the Commission

Amendment

 

V. Information on the right of withdrawal and termination of the contract

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract; where applicable, information on the arrangements for the termination of any credit agreement and the other ancillary contracts linked to the main contract in the event of withdrawal from the contract, such as cash-back schemes or other investment schemes; information about the consequences of such withdrawal;

Amendment  74

Proposal for a directive

Annex I – point (m a) (new)

Text proposed by the Commission

Amendment

(ma) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from such termination;

Amendment  75

Proposal for a directive

Annex I – point (n)

Text proposed by the Commission

Amendment

(n) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3)

deleted

Amendment  76

Proposal for a directive

Annex I – point (o)

Text proposed by the Commission

Amendment

(o) indication to whom and how the withdrawal notification is to be sent;

deleted

Amendment  77

Proposal for a directive

Annex I – point (p)

Text proposed by the Commission

Amendment

 

VI. Additional information

(p) the existence, content, control and enforcement of codes of conduct;

(p) whether or not the trader is a signatory to a code of conduct and where to find it;

Justification

The Commission's proposal required the trader to supply consumers with voluminous information regarding codes of conduct. That amount of information may overburden the consumer while not being material. It would be similar as asking the trader to supply consumers with the timeshare laws, and other relevant laws, and to require the trader to make them part of the contract.

The information a consumer actually needs is to understand whether the trader has signed up to a code of conduct and where the information can be obtained.

Amendment  78

Proposal for a directive

Annex II – point (a)

Text proposed by the Commission

Amendment

(a) the state of completion for the accommodation and the services rendering the accommodation fully operational (gas, electricity, water and telephone connections);

(a) the state of completion for the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and any other facilities to which the consumer will have access;

Amendment  79

Proposal for a directive

Annex II – point (b)

Text proposed by the Commission

Amendment

(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections);

(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and any other facilities to which the consumer will have access;

Amendment  80

Proposal for a directive

Annex III – point (a)

Text proposed by the Commission

Amendment

 

I. Information about the trader

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(a) The identity and official place of business of the parties responsible for the delivery of the accommodation, travel or related products and services to which the consumer has access as a result of the main contract;

Justification

It is necessary for the consumer to understand with whom he is contracting and who in the end will deliver the discounts.

Amendment  81

Proposal for a directive

Annex III – point (b)

Text proposed by the Commission

Amendment

 

II. Information about the right acquired

(b) the exact nature of the right which is the subject of the contract;

(b) the exact nature of the right which is the subject of the main contract and an appropriate description of the rights conferred on the consumer by means of the contract, including any restriction on consumers wishing to enjoy those rights (e.g. limited availability or promotional offers or special discounts);

Amendment  82

Proposal for a directive

Annex III – point (c a) (new)

Text proposed by the Commission

Amendment

 

(ca) an appropriate and correct description of the accommodation available for future bookings, an indication and guarantee of the discount rate, and the time periods in which this is available;

Justification

Since long-term holiday products often claim to have access to quite an extensive portfolio of accommodation and to airline carriers it is necessary for the consumer to understand exactly who the providers are. In addition, consumers need to understand the nature of the relationship between the long-term holiday products traders and their suppliers (whether it is a firm dedicated to B-to-B contracts or just a standard contract renewable every year, which would mean movable or immovable property and/or flights that could be deleted from the portfolio).

Amendment  83

Proposal for a directive

Annex III – point (d)

Text proposed by the Commission

Amendment

 

III. Information on the costs

(d) the price to be paid by the consumer;

(d) the price to be paid by the consumer, including any periodic cost;

Amendment  84

Proposal for a directive

Annex III – point (d a) (new)

Text proposed by the Commission

Amendment

 

(da) when applicable, the exact nature of the discount(s) available, a comparison to the full price of the relevant movable or immovable property, travel or any related products or services;

Justification

The Commission's proposal excludes substantial material information which is needed by the consumer for the purpose of making an informed purchase decision. This includes, especially when discounts are being offered, the exact nature of these discounts in comparison with 'official/retail' prices.

Amendment  85

Proposal for a directive

Annex III – point (d b) (new)

Text proposed by the Commission

Amendment

 

(db) an explanation of how any fees to be paid to maintain the right can be changed and an estimate of future fees;

Amendment  86

Proposal for a directive

Annex III – point (d c) (new)

Text proposed by the Commission

Amendment

 

(dc) details of any other costs the consumer can expect to incur resulting from his/her right to obtain access to the accommodation, travel or any related products or services as specified;

Amendment  87

Proposal for a directive

Annex III – point (f)

Text proposed by the Commission

Amendment

(f) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to the handling of queries and complaints;

deleted

Amendment  88

Proposal for a directive

Annex III – point (g)

Text proposed by the Commission

Amendment

 

V. Information on the right of withdrawal and termination of the contract

(g) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(g) information on the right to withdraw from the contract and the consequences of withdrawing from the contract; where applicable, information on the arrangements for the termination of any credit agreement and the other ancillary contracts linked to the main contract in the event of withdrawal from the contract, such as cash-back schemes or other investment schemes; information about the consequences of such withdrawal;

Amendment  89

Proposal for a directive

Annex III – point (g a) (new)

Text proposed by the Commission

Amendment

(ga) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from such termination;

Amendment  90

Proposal for a directive

Annex III – point (h)

Text proposed by the Commission

Amendment

(h) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3);

deleted

Amendment  91

Proposal for a directive

Annex III – point (i)

Text proposed by the Commission

Amendment

(i) indication to whom and how the withdrawal notification is to be sent;

deleted

Amendment  92

Proposal for a directive

Annex III – point (j)

Text proposed by the Commission

Amendment

 

VI. Additional information

(j) the existence, content, control and enforcement of codes of conduct;

(j) whether or not the trader is a signatory to a code of conduct and where to find it;

Amendment  93

Proposal for a directive

Annex IV – section -1 a (new) (title)

Text proposed by the Commission

Amendment

 

I. Information about the trader

Amendment  94

Proposal for a directive

Annex IV – point (a a) (new)

Text proposed by the Commission

Amendment

 

II. Information about the service provided

 

(aa) an accurate description of the services to be provided under the contract (e.g. marketing);

Amendment  95

Proposal for a directive

Annex IV – points (b) to (d)

Text proposed by the Commission

Amendment

 

III. Information on the costs

(b) the price to be paid by the consumer for the resale services;

(b) the price to be paid by the consumer for the resale services;

(c) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(c) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(d) indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

 

Amendment  96

Proposal for a directive

Annex IV – point (e)

Text proposed by the Commission

Amendment

 

IV. Information on the right to withdraw and termination of the contract

(e) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw;

(e) information on the right to withdraw from the resale contract and the consequences of withdrawing from the contract;

Amendment  97

Proposal for a directive

Annex IV – point (f)

Text proposed by the Commission

Amendment

(f) information about the ban on advance payments until the actual sale has taken place or the resale contract otherwise is terminated;

(f) information about the ban on advance payments as determined in accordance with Article 6(3) until the actual sale has taken place or the resale contract otherwise is terminated;

Amendment  98

Proposal for a directive

Annex IV – point (g)

Text proposed by the Commission

Amendment

(g) indication to whom and how the withdrawal notification is to be sent;

deleted

Amendment  99

Proposal for a directive

Annex IV – point (g a) (new)

Text proposed by the Commission

Amendment

 

(ga) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from such termination;

Amendment  100

Proposal for a directive

Annex IV – point (h)

Text proposed by the Commission

Amendment

 

V. Additional information

(h) the existence, content, control and enforcement of codes of conduct;

(h) whether or not the trader is a signatory to a code of conduct and where to find it;

Amendment  101

Proposal for a directive

Annex V – section -1 a (new) (title)

Text proposed by the Commission

Amendment

 

I. Information about the trader

Amendment  102

Proposal for a directive

Annex V – point (b)

Text proposed by the Commission

Amendment

 

II. Information about the right acquired

(b) the exact nature of the right which is the subject of the contract;

(b) the exact nature and content of the right which is the subject of the contract;

Amendment  103

Proposal for a directive

Annex V – point (b a) (new)

Text proposed by the Commission

Amendment

(ba) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

Amendment  104

Proposal for a directive

Annex V – point (b b) (new)

Text proposed by the Commission

Amendment

(bb) an explanation of the added value of the services offered by the exchange trader;

Amendment  105

Proposal for a directive

Annex V – point (c)

Text proposed by the Commission

Amendment

 

III. Information about the properties

(c) an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

(c) where the consumer can obtain an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

Amendment  106

Proposal for a directive

Annex V – point (d)

Text proposed by the Commission

Amendment

(d) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

deleted

Amendment  107

Proposal for a directive

Annex V – point (e)

Text proposed by the Commission

Amendment

 

IV. Information on the costs

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the exchange membership and individual exchange transactions;

Amendment  108

Proposal for a directive

Annex V – point (e a) (new)

Text proposed by the Commission

Amendment

 

(ea) information on the obligation on the trader to provide details before an exchange is arranged, in respect of each proposed exchange, of any additional charges for which the consumer will be liable in respect of the exchange;

Amendment  109

Proposal for a directive

Annex V – point (g)

Text proposed by the Commission

Amendment

(g) indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

deleted

Amendment  110

Proposal for a directive

Annex V – point (h)

Text proposed by the Commission

Amendment

(h) explanation of how the exchange system works; the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system and a set of examples of concrete exchange possibilities;

(h) an explanation of the way in which the exchange system works and the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system, including any limitations on the availability of particular accommodation selected by the consumer, for example as the result of peak periods of demand and/or the potential need to book a long time in advance, and indications of any restrictions of the timeshare rights deposited into the exchange system by the consumer, including, where appropriate, limitations based on the number of points allotted to or held by the consumer and a set of examples of concrete exchange possibilities;

Amendment 111

Proposal for a directive

Annex V, point (i)

Text proposed by the Commission

Amendment

 

V. Information on the right of withdrawal and termination of the contract

(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(i) information on the automatic termination of the exchange contract in the event the consumer’s withdrawing from the main contract during the withdrawal period;

Justification

Termination of the exchange contract must take place if the consumer exercises his right of withdrawal of the purchase contract for the timeshare interest. This information must be included by exchange traders in their contracts. A separate withdrawal period for the exchange contract is unnecessary and confusing to the consumer.

Amendment 112

Proposal for a directive

Annex V, point (j)

Text proposed by the Commission

Amendment

(j) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3)

deleted

Amendment  113

Proposal for a directive

Annex V – point (j a) (new)

Text proposed by the Commission

Amendment

 

(ja) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from such termination;

Amendment  114

Proposal for a directive

Annex V – points (k) and (l)

Text proposed by the Commission

Amendment

 

VI. Additional information

(k) indication to whom and how the withdrawal notification is to be sent;

(k) indication to whom and how the withdrawal notification is to be sent;

(l) the existence, content, control and enforcement of codes of conduct;

(l) whether or not the trader is a signatory to a code of conduct and where to find it;

.


OPINION of the Committee on Legal Affairs (28.3.2008)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange

(COM(2007)0303 – C6‑0159/2007 – 2007/0113(COD))

Draftsman: Antonio López-Istúriz White

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) Since the adoption of Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified.

(1) Since the adoption of Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis, timeshare has evolved and new holiday products similar to it or purporting to be similar to it and often designed to circumvent the provisions of that Directive have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified in order also to prevent the development of new holiday products calculated to evade this legislation.

Justification

The problem with the existing Directive is that its provisions were too easily circumvented by unscrupulous operators. The new Directive should be as watertight as possible.

Amendment  2

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. However, for certain aspects Member States should be able to continue to apply stricter rules.

(3) In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. In some respects, it has proved necessary to introduce full harmonisation.

Justification

In order to reach an optimal level of consumer protection, and notwithstanding the fact that the instrument proposed is a Directive, full harmonisation of some key aspects should be prescribed.

Amendment  3

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) This Directive should be without prejudice to national rules relating to registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

(4) This Directive should be without prejudice to national rules relating to the sale and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

Justification

The directive must also be without prejudice to national rules on the sale of property. In any case, registration law and property law are closely related.

Amendment  4

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The different products covered by this Directive should be clearly defined and the provisions concerning pre-contractual information and the contract should be clarified and updated.

(5) The types of products covered by this Directive should be clearly defined in such a way as preclude circumvention of its provisions and the provisions concerning pre-contractual information, the contract and the withdrawal period should be clarified and updated.

Justification

The problem with the existing Directive is that its provisions were too easily circumvented by unscrupulous operators. The new Directive should be as watertight as possible.

Amendment  5

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) Given the particular difficulties posed by certain long-term holiday products, what is covered by this expression needs to be tightly defined and specific rules designed to avoid abuse need to be laid down.

Justification

The products subsumed under the name "long-term holiday products" are different from timeshare proper as real property rights are never involved, hence the need for specific rules. A tight definition is needed in order to differentiate them from timeshare and from other arrangements and schemes which this Directive is not intended to cover.

Amendment  6

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5b) 'Long-term holiday products' within the meaning of this Directive are to be distinguished from timeshare and package holidays and discount cheques, and loyalty and fidelity programmes where the discount cheques or points awarded are part of the quid pro quo for buying accommodation or air travel and do not constitute products in themselves; in considering whether a given scheme constitutes a long-term holiday product within the meaning of this Directive, regard may be had in particular to the inchoate nature of the discounts or other benefits allegedly provided, the fact that they are acquired directly against payment or in exchange for points not collected on the basis of nights spent in accommodation against payment or miles travelled, and the fact that the entity which provides or arranges for the provision of the discounts or benefits is often separate from the entity which sells the long-term holiday product.

Justification

It is essentially to define long-term holiday products within the meaning of the Directive so as to cover all its manifestations whilst excluding products and services not intended to be caught by the Directive.

Amendment  7

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) The prohibition on advance payments to the trader or any third party before the end of the withdrawal period should be clarified in order to improve consumer's protection. For resale, the prohibition of advance payment should apply until the actual sale has taken place or the resale contract has been terminated.

(8) The prohibition on advance payments to the trader or any third party should be clarified in order to improve the protection afforded to the consumer. In the case of resale, the prohibition of any payment should apply until the actual sale has taken place or the resale contract has been terminated.

Amendment  8

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) In the event of withdrawal from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between that third party and the trader, the credit agreement should be terminated without any penalty. The same should apply to ancillary contracts, such as contracts for membership in exchange systems.

(9) In the event of withdrawal from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between that third party and the trader, the credit agreement should be terminated without the consumer being charged any costs. The same should apply to ancillary contracts, such as contracts for membership in exchange systems.

Amendment  9

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The consumer should not be deprived of the protection granted by this Directive. This should also be the case where the law of a non-Member State is the law applicable to the contract.

(10) The consumer should not be deprived of the protection granted by this Directive. This should also be the case where the law of a third country is the law applicable to the contract and the real property is located in a Member State of the European Union. To this end, the provisions of this Directive relating to the withdrawal period and information requirements should be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 of the European Parliament and of the Council of ... on the law applicable to contractual obligations (Rome I)1.

 

____________________

1 OJ L XX, xx/xx/xx, p. x.

Justification

This clarification appears necessary.

Amendment  10

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) The law applicable to contracts relating to timeshare or long-term holiday products should be determined in accordance with Article 6 of Regulation (EC) No .../2008 (Rome I). The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, should be determined in accordance with Section 4, Consumer Contracts, of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1 except where the dispute relates to the existence, nature or extent of a right in rem.

 

 

 

_______________

1 OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

Justification

Any doubts relating to jurisdiction should be removed in order to obviate needless disputes.

Amendment  11

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and encourage traders to inform about their codes of practice that exist in the field.

(14) Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and warned about possible malpractice and high-pressure selling techniques, particularly in the sector of long-term holiday products. They should draw attention to the existence of codes of conduct and to the significance of membership of an approved industry organisation. Traders should be encouraged to publicise and provide information about their codes of conduct. The Commission should assist and encourage trans-border information campaigns, in particular through its website.

Justification

This Directive should not turn a blind eye to the malpractices existing in the sector of long-term holiday products.

It is also important that the Commission should assist with the organisation of cross-border campaigns.

Amendment  12

Proposal for a directive

Heading (new) to be inserted before Article 1

Text proposed by the Commission

Amendment

Section 1: Common provisions

Amendment  13

Proposal for a directive

Article 1 – Paragraph 1 – Sub-paragraph 3

Text proposed by the Commission

Amendment

This Directive is without prejudice to national legislation providing for general contract law remedies enabling the consumer to terminate the contract.

This Directive is without prejudice either to national legislation providing for general contract law remedies or to national rules on the sale and registration of moveable and immoveable property, on conditions of establishment and authorisation, and on the determination of the legal nature of the rights to which contracts falling within the scope of this regulation relate.

Justification

See justification to Recital 4.

Amendment  14

Proposal for a directive

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, and which relate to:

deleted

(a) the starting point for the right of withdrawal;

 

(b) the modalities of exercising the right of withdrawal;

 

(c) the effects of exercising the right of withdrawal.

 

Justification

It is necessary fully to harmonise the right of withdrawal.

Amendment  15

Proposal for a directive

Article 2 – paragraph 1 – point (a)

Text proposed by the Commission

Amendment

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more than one period of occupation;

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against payment a recurrent right to use one or more accommodations with or without other facilities;

Justification

The term "consideration" is a term of art peculiar to one legal system. Community legislation should use neutral terminology.

Amendment  16

Proposal for a directive

Article 2 – paragraph 1 – point (b)

Text proposed by the Commission

Amendment

(b) ’long-term holiday product’ means a contract of a duration of more than one year by which a consumer acquires against consideration primarily the right to obtain discounts or other benefits on accommodation, in isolation or together with travel or other services;

(b) ’long-term holiday product’ means a contract of a duration of more than one year, howsoever described or named, by which a consumer acquires against payment primarily the right to obtain, through a reservation scheme or otherwise, discounts or other benefits on accommodations with or without facilities, in isolation or together with travel or other services; the expression 'long-term holiday products' does not include timeshare, travel package holidays and discount cheques and loyalty and fidelity programmes used to promote sales and encourage customer loyalty which do not in themselves constitute a product;

Justification

It is essentially to define long-term holiday products within the meaning of the Directive so as to cover all its manifestations whilst excluding products and services not intended to be caught by the Directive. This provision should be read in conjunction with the new recital 5b.

Amendment  17

Proposal for a directive

Article 2 – paragraph 1 – point (c)

Text proposed by the Commission

Amendment

(c) ’resale’ means a contract by which a trader against consideration helps a consumer to sell or buy a timeshare or long-term holiday product;

(c) ’resale’ means a contract by which a trader acts against payment as an intermediary for a consumer in selling or buying a timeshare or long-term holiday product;

Amendment  18

Proposal for a directive

Article 2 – paragraph 1 – point (d)

Text proposed by the Commission

Amendment

(d) ’exchange’ means a contract by which a consumer against consideration joins a scheme which allows him to modify the location and/or time of his timeshare interest through an exchange;

(d) ’exchange’ means an ancillary contract by which a consumer for money or money’s worth joins a scheme which allows him to have the benefit of accommodation with or without other facilities in exchange for his granting temporary access to the benefits of his timeshare to a third party;

Justification

Seeks to make the definition clearer.

Amendment  19

Proposal for a directive

Article 2 – paragraph 1 – point (f)

Text proposed by the Commission

Amendment

(f) ’consumer’ means a natural person who is acting for purposes which are outside his trade, business craft or profession;

(f) ’consumer’ means a natural person who is acting for purposes which are outside his trade, business, craft or profession;

Justification

Rectifies an error in the English text.

Amendment  20

Proposal for a directive

Article 2 – paragraph 1 – point (g)

Text proposed by the Commission

Amendment

(g) 'ancillary contract' means any contract which is subordinated to another contract.

(g) 'ancillary contract' means any contract which, in terms of its content or purpose, is dependent upon the existence of a contract for a timeshare or long-term holiday product.

Amendment  21

Proposal for a directive

Article 3

Text proposed by the Commission

Amendment

Precontractual information and advertising

Advertising

1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where it can be obtained.

1. Member States shall ensure that any advertising contains a prominent indication that the information referred to in Article 3a has to be provided before the contract is concluded and that it will form part of the contract. The advertising shall also indicate where that information may be consulted.

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

 

(a) in the case of timeshare, the information set out in Annex I and, if the contract concerns accommodation under construction, the information set out in Annex II;

 

(b) in the case of a long-term holiday product, the information set out in Annex III;

 

(c) in the case of resale, the information set out in Annex IV;

 

(d) in the case of exchange, the information set out in Annex V.

 

3. In case of resale the trader's obligation to provide the information under paragraph 2 applies towards the consumer who may enter into the resale contract.

2. The information referred to in Article 3a(1) shall be provided to the consumer at any venue to which he is invited in order to be offered a timeshare or at which a long-term holiday product is to be promoted or offered.

4. The information referred to in paragraph 2 shall be drawn up in one of the official languages of the Community, as chosen by the consumer.

 

Justification

It is clear that many abusive selling practices are used, in particular to sell long-term holiday products. It is important to clamp down of these.

Amendment  22

Proposal for a directive

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3a

 

Pre-contractual information

 

1. Before the consumer can accept any offer or be bound by any contract, the trader shall provide him with clear, comprehensible, accurate and sufficient information on the following items:

 

(a) in the case of timeshare, the information set out in Annex I and, if the contract concerns accommodation under construction, the information set out in Annex II;

 

(b) in the case of a long-term holiday product, the information set out in Annex III;

 

(c) in the case of resale, the information set out in Annex IV;

 

(d) in the case of exchange, the information set out in Annex V.

 

The trader shall provide the information in writing and free of charge.

 

2. The information referred to in paragraph 1 shall be drawn up, at the consumer’s election, either in a language of the consumer’s country of residence or in a language of the country of which the consumer is a national provided that that language is an official language of the Community.

 

3. The consumer shall signify that he has read and understood the information referred to in paragraph 1 by appending his signature or by electronic means.

Justification

This amendment is largely based on the latest Council text with some changes.

Amendment  23

Proposal for a directive

Article 4

Text proposed by the Commission

Amendment

1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

1. Member States at least shall ensure that the contract is in writing and drawn up, at the consumer’s election, either in a language of the consumer’s country of residence or in a language of the country of which the consumer is a national provided that that language is an official language of the Community.

 

Where that language is not the authentic language of the contract, the version made available to the consumer shall be a certified translation. In such case, the consumer shall also be provided with the contract in the authentic language.

 

1a. The consumer shall be entitled to waive the rights stipulated in the first subparagraph of paragraph 1 and choose another language, provided that it is one of the official languages of the Community. Such waiver shall be effected in writing.

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

2. The information referred to in Article 3a(1) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer before the contract is concluded.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer in writing before the contract is concluded.

The contract shall expressly mention any such changes.

The contract shall expressly mention any such changes.

 

2a. In addition to the information referred to in Article 3a(1), the contract shall mention:

 

(a) the identity and the place of residence of the parties;

 

(b) the date when and the place where the contract was concluded,

 

and shall be signed by both parties.

3. Before the signing of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal and the length of the withdrawal period referred to in Article 5 and the ban on advance payment during the withdrawal period referred to in Article 6.

3. Before the conclusion of the contract, the trader shall draw the consumer’s attention to the existence of the right of withdrawal and the length of the withdrawal period referred to in Article 5 and the ban on advance payment during the withdrawal period referred to in Article 6.

The corresponding contractual clauses shall be signed separately by the consumer.

The corresponding contractual clauses and the information referred to in Article 3a(1) shall be signed separately by the consumer.

 

The contract shall be accompanied by a detachable form, as set out in Annex VI, designed to facilitate the exercise of the right of withdrawal in accordance with Article 6.

 

3a. The consumer shall receive a copy of the contract at the time when it is concluded.

 

3b. Where a timeshare contract is to be financed by a loan of which the trader has been informed, the contract for the timeshare shall be deemed to have been concluded subject to the condition that the loan is granted before the end of the withdrawal period referred to in Article 5(1).

Justification

This amendment draws on the latest text from the Council. However, changes have been made to ensure greater clarity and to deal with the vexed problem of languages. Having regard to the fact that situations will inevitably arise where a trader has to deal with consumers coming from many different Member States, it would be unrealistic and disingenuous to lay down a requirement which would be liable to result in legal uncertainty. The requirement for the translation to be certified is designed to afford a safeguard for the consumer.

Member States must be allowed to retain their current option of enacting stricter procedural rules providing consumer protection on the conclusion of contracts.

Amendment  24

Proposal for a directive

Article 5

Text proposed by the Commission

Amendment

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

2. If the contract does not include all the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II, but the information is provided in writing within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information.

2. If the contract does not include all the information referred to in points (a) to (o) of Annex I, Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V, but the information is provided in writing within three months after the day of conclusion of the contract, the withdrawal period shall start from the day the consumer receives that information.

3. If the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing of the contract.

3. If the information referred to in points (a) to (o) of Annex I, Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V, has not been provided in writing within three months after the day of conclusion of the contract, the right of withdrawal shall expire after three months and fourteen calendar days from the day of conclusion of the contract.

4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.

4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract and on the detachable form provided for that purpose by means which can be proven. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.

5. Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.

 

6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

6. Where the consumer exercises the right of withdrawal, he shall not be required to make any reimbursement.

Justification

Reflects the text at present under discussion in the Council.

Amendment  25

Proposal for a directive

Article 6

Text proposed by the Commission

Amendment

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

1. Member States shall ensure that for timeshare and long-term holiday products any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

2. Any payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

2. Any advance payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

Justification

Aligns the original text with the version at present under discussion in the Council.

Amendment  26

Proposal for a directive

Heading (new) to be inserted after Article 6

Text proposed by the Commission

Amendment

Section 2: Provisions relating specifically to long-term holiday products

Amendment  27

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

 

Payments made for long-term holiday products

 

Payments for long-term holiday products of between 18 months and 10 years' duration shall be payable in three equal instalments, with the second and third instalments falling due after the expiry of one-third and two-thirds, respectively, of the duration of the contract.

 

Payments for long-term holiday products of more than 10 years' duration shall be payable in five equal instalments, with the second, third, fourth and fifth instalments falling due after the expiry of one-fifth, two-fifths, three-fifths and four-fifths, respectively, of the duration of the contract.

Justification

An abusive practice exists whereby customers are persuaded to pay large sums of money up front for long-term holiday products and the benefits promised turn out to be largely illusory. Given that the original sellers of those products may be untraceable or may have been wound up by the time that the consumer seeks redress, making any action brought by the consumer for breach of contract ineffectual, this system of staggered payment would afford a useful safeguard.

Amendment  28

Proposal for a directive

Article 6 b (new)

Text proposed by the Commission

Amendment

Article 6b

 

Without prejudice to the right of withdrawal provided for in Article 5, the consumer may unilaterally rescind a contract for a long-term holiday product, without incurring any penalty, on giving fourteen days' notice terminating at the end of any instalment period within the meaning of Article 6a.

 

This right shall be without prejudice to any right of termination arising under the applicable law.

Amendment  29

Proposal for a directive

Article 6 c (new)

Text proposed by the Commission

Amendment

Article 6c

 

Providers of long-term holiday products shall take out civil liability insurance to cover themselves against claims from consumers arising out of non-performance or defective performance of their contractual obligations and default.

Amendment  30

Proposal for a directive

Heading (new) to be inserted after Article 6c and before Article 7

Text proposed by the Commission

Amendment

Section 3: Termination of ancillary contracts and other general provisions

Amendment  31

Proposal for a directive

Article 8

Text proposed by the Commission

Amendment

1. Member States shall ensure that, if the law applicable to the contract is the law of a Member State, any contractual clauses whereby the consumer waives his rights, as provided for in this Directive, shall not be binding.

Member States shall ensure that, if the law applicable to the contract is the law of a Member State, the consumer may not waive the rights conferred on him by this Directive, unless otherwise specified in this Directive.

2. Whatever the applicable law, the consumer shall not be deprived of the protection granted by this Directive, if the immovable property concerned is situated within the territory of a Member State or the contract has been entered into in a Member State.

 

Justification

This is now covered by the new Articles 8a and 8b.

Amendment  32

Proposal for a directive

Article 8 a (new)

Text proposed by the Commission

Amendment

Article 8a

 

Applicable law and jurisdiction

 

1. The law applicable to contracts relating to timeshare or long-term holiday products shall be determined in accordance with Article 6 of Regulation (EC) No ..../2008 (Rome I).

 

2. The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, shall be determined in accordance with Section 4, Consumer Contracts, of Regulation (EC) No 44/2001, except where the dispute relates to the existence, nature or extent of a right in rem.

Justification

This clarification appears desirable in order to avoid unnecessary litigation and references to the European Court of Justice.

Amendment  33

Proposal for a directive

Article 8 b (new)

Text proposed by the Commission

Amendment

Article 8b

 

Overriding mandatory provisions

 

The provisions of this Directive relating to the withdrawal period and information requirements shall be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 (Rome I).

Justification

Clarifies the legal position.

Amendment  34

Proposal for a directive

Annex I

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

 

I. INFORMATION ABOUT THE TRADER

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(a) The identity and residence of the trader;

 

II. INFORMATION ABOUT THE RIGHTS ACQUIRED

(b) the exact nature of the right which is the subject of the contract and a clause setting out the conditions governing the exercise of that right within the territory of the Member States(s) in which the property or properties concerned are situated and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled;

(b) the exact nature of the right which is the subject of the contract and a clause setting out the conditions governing the exercise of that right within the territory of the Member States(s) in which the property or properties concerned are situated and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled;

(c) where the contract concerns a specific immovable property, an accurate description of that property and its location; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

 

(d) the services (e.g. electricity, water, maintenance, refuse collection) to which the consumer has or will have access to and under what conditions;

 

(e) the common facilities, such as swimming pool, sauna, etc, to which the consumer has or may have access, and, where appropriate, under what conditions;

 

(f) how maintenance and repairs to the accommodation and its administration and management are arranged, including whether and how consumers may influence and participate in the decisions regarding these issues;

 

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

 

(h) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(c) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

 

(d) where the contract provides rights to occupy accommodation selected from a pool of accommodation, information on any restrictions on the consumer’s ability to occupy any accommodation at any time in the pool;

(i) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

 

(j) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

 

(k) whether or not it is possible to join a scheme for the exchange or resale of the contractual rights, information about the relevant schemes and an indication of costs related to resale and exchange through these schemes;

 

(l) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to management decisions, increase of costs and the handling of queries and complaints;

 

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

 

(n) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3)

 

(o) indication to whom and how the withdrawal notification is to be sent;

 

(p) the existence, content, control and enforcement of codes of conduct;

 

(q) the possibility for out-of-court dispute resolution.

 

 

III. INFORMATION ABOUT THE PROPERTIES

 

(e) where the contract concerns a specific immovable property, an accurate description of that property and its location, together with, where appropriate, details and copies of any land registry, public register, cadastre or equivalent entry relating to the property; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

 

(f) the services (e.g. electricity, water, maintenance, refuse collection) to which the consumer has or will have access to and under what conditions;

 

(g) where applicable, the common facilities, such as swimming pool, sauna, etc., to which the consumer has or may have access and under what conditions.

 

IV. INFORMATION ABOUT THE COSTS

 

(h) the price to be paid by the consumer;

 

(i) an indication of the amount to be paid by the consumer for the services (e.g. electricity, water, maintenance, refuse collection);

 

(j) where applicable, an indication of the amount to be paid by the consumer for the common facilities, such as swimming pool or sauna, to which the consumer has or may have access;

 

(k) an accurate description of how all costs associated with the timeshare contract will be calculated; how these costs will be allocated to the consumers and how and when such costs may be increased; the method used to calculate the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

 

(l) where applicable, information as to whether there are any charges, mortgages or encumbrances, or any other liens, recorded against the title to the accommodation;

 

(m) a statement that the consumer shall not bear any costs or obligations other than those specified in the contract;

 

V. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

 

(n) information on the right to withdraw from the contract and the consequences of such withdrawal; where applicable, information on the arrangements for the termination of any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract and the consequences of such termination;

 

(o) particulars indicating to whom and how the withdrawal notification is to be sent;

 

(p) the conditions for terminating the contract, the consequences of termination and information on any liability attaching to the consumer for any costs which might result from termination;

 

(q) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5(1) to (3);

 

VI. ADDITIONAL INFORMATION

 

(r) information as to how maintenance and repairs of the property and its administration and management are arranged, including whether and how consumers may influence and participate in the decisions regarding these issues;

 

(s) whether or not it is possible to join a system for the exchange or resale of the contractual rights, information about the relevant exchange system and an indication of costs related to resale and exchange through that system;

 

(t) an indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to management decisions, costs increases and the handling of queries and complaints;

 

(u) where the trader is a signatory of codes of conduct, information on those codes;

 

(w) where applicable, information on the possibility of out-of-court dispute resolution.

Justification

Corresponds to the latest Council text. Provision of such information would further protect the consumer against false claims in respect of the ownership of or the title in property.

Amendment  35

Proposal for a directive

Annex II

Text proposed by the Commission

Amendment

Additional requirements for accommodation under construction, as referred to in Article 3

Additional requirements for accommodation under construction, as referred to in Article 3a

(a) the state of completion for the accommodation and the services rendering the accommodation fully operational (gas, electricity, water and telephone connections);

(a) the state of completion of the accommodation, the services rendering the accommodation fully operational (gas, electricity, water and telephone connections) and any facilities to which the consumer will have access;

(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections);

(b) the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and any facilities to which the consumer will have access;

(c) where it concerns a specific immovable property, the number of the building permit and the name(s) and full address(es) of the competent authority or authorities;

(c) where applicable, the number of the building permit and the name(s) and full address(es) of the competent authority or authorities, if the contract concerns a specific immovable property;

(d) a guarantee regarding completion of the accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of such guarantees.

(d) where applicable, a guarantee regarding completion of the accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of such guarantees.

Justification

Corresponds to the latest Council text.

Amendment  36

Proposal for a directive

Annex III

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

 

I. INFORMATION ABOUT THE TRADER

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(a) The identity and residence of the trader and its legal status;

 

II. INFORMATION ABOUT THE RIGHTS ACQUIRED

(b) the exact nature of the right which is the subject of the contract;

(b) the exact nature and content of the right which is the subject of the contract and an accurate description of the rights conferred on the consumer under the contract, including any restrictions on the consumer’s ability to enjoy those rights (e.g. limited availability or offers provided on a first come, first served basis, or time limits on a particular discount);

(c) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(c) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

 

III. INFORMATION ABOUT THE COSTS

(d) the price to be paid by the consumer;

(d) the price to be paid by the consumer, including any recurring costs;

(e) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(e) a statement that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(f) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to the handling of queries and complaints;

 

 

IV. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

(g) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5(5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(f) information on the right to withdraw from the contract and the consequences of such withdrawal; where applicable, information on the arrangements for the termination of any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract and the consequences of such termination;

(h) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3);

 

(i) indication to whom and how the withdrawal notification is to be sent;

(g) particulars indicating to whom and how the withdrawal notification is to be sent;

 

(h) the conditions for terminating the contract, the consequences of termination, and information on any liability attaching to the consumer for any costs which might result from termination;

 

(i) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5(1) to (3);

 

V. ADDITIONAL INFORMATION

 

(j) an indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to the handling of queries and complaints;

(j) the existence, content, control and enforcement of codes of conduct;

(k) where the trader is a signatory of codes of conduct, information on those codes;

(k) the possibility for out-of-court dispute resolution.

(l) where applicable, information on the possibility of out-of-court dispute resolution.

Justification

Takes over the latest Council text.

Amendment  37

Proposal for a directive

Annex IV

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

 

I. INFORMATION ABOUT THE TRADER

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(a) The identity and residence of the trader and its legal status;

 

II. INFORMATION ABOUT THE SERVICES PROVIDED

 

(b) an accurate description of the services to be provided under the contract (e.g. marketing);

 

III. INFORMATION ABOUT THE COSTS

(b) the price to be paid by the consumer for the resale services;

(c) the price to be paid by the consumer for the resale services;

(c) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(d) a statement that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(d) indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

 

 

IV. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

(e) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw;

(e) information on the right to withdraw from the resale contract and the consequences of such withdrawal;

(f) information about the ban on advance payments until the actual sale has taken place or the resale contract otherwise is terminated;

 

(g) indication to whom and how the withdrawal notification is to be sent;

(f) particulars indicating to whom and how the withdrawal notification is to be sent;

 

(g) the conditions for terminating the contract, the consequences of termination, and information on any liability attaching to the consumer for any costs which might result from termination;

 

(h) information about the ban on advance payments until the actual sale has taken place or the resale contract is otherwise terminated;

 

V. ADDITIONAL INFORMATION

 

(i) an indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

(h) the existence, content, control and enforcement of codes of conduct;

(j) where the trader is a signatory of codes of conduct, information about those codes;

(i) the possibility for out-of-court dispute resolution.

(k) where applicable, information on the possibility of out-of-court dispute resolution.

Justification

Reflects the latest Council text.

Amendment  38

Proposal for a directive

Annex V

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

 

I. INFORMATION ABOUT THE TRADER

(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(a) The identity and residence of the trader and its legal status;

 

II. INFORMATION ABOUT THE RIGHTS ACQUIRED

(b) the exact nature of the right which is the subject of the contract

(b) the exact nature and content of the right which is the subject of the contract;

(c) an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

(c) an explanation of the way in which the exchange system works and the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system, including any limitations on the availability of particular accommodation selected by the consumer, for example as the result of peak periods of demand and/or the potential need to book a long time in advance, and indications of any restrictions of the timeshare rights deposited into the exchange system by the consumer, including, where appropriate, limitations based on the number of points allotted to or held by the consumer and a set of examples of concrete exchange possibilities;

(d) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(d) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

 

III. INFORMATION ABOUT THE PROPERTIES

 

(e) an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

 

IV. INFORMATION ABOUT THE COSTS

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

(f) the price to be paid by the consumer for membership of the exchange system and any renewal fees and the current price to be paid per exchange;

 

(g) information on the obligation on the trader to provide details before an exchange is arranged, in respect of each proposed exchange, of any additional charges for which the consumer will be liable in respect of the exchange;

(f) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(h) a statement that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(g) indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

 

(h) explanation of how the exchange system works; the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system and a set of examples of concrete exchange possibilities;

 

 

V. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5(5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(i) information on the right to withdraw from the contract and the consequences of such withdrawal; where applicable, information on the arrangements for the termination of any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract and the consequences of such termination;

 

(j) particulars indicating to whom and how the withdrawal notification is to be sent;

(j) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3)

(k) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5(1) to (3);

 

VI. ADDITIONAL INFORMATION

(k) indication to whom and how the withdrawal notification is to be sent;

 

 

(l) an indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

(l) the existence, content, control and enforcement of codes of conduct;

(m) where the trader is a signatory of codes of conduct, information about those codes;

(m) the possibility for out-of-court dispute resolution

(n) where applicable, information on the possibility of out-of-court dispute resolution.

Justification

Corresponds to the latest Council text.

PROCEDURE

Title

Protection of consumers in respect of certain aspects of timeshare

References

COM(2007)0303 – C6-0159/2007 – 2007/0113(COD)

Committee responsible

IMCO

Opinion by

       Date announced in plenary

JURI

21.6.2007

 

 

 

Drafts(wo)man

       Date appointed

Antonio López-Istúriz White

10.9.2007

 

 

Discussed in committee

20.11.2007

26.2.2008

 

 

Date adopted

27.3.2008

 

 

 

Result of final vote

+:

–:

0:

22

0

0

Members present for the final vote

Carlo Casini, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Neena Gill, Piia-Noora Kauppi, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Diana Wallis, Jaroslav Zvěřina, Tadeusz Zwiefka

Substitute(s) present for the final vote

Sharon Bowles, Mogens Camre, Jean-Paul Gauzès, Sajjad Karim, Kurt Lechner, Georgios Papastamkos, Michel Rocard, Gabriele Stauner, József Szájer, Jacques Toubon

Substitute(s) under Rule 178(2) present for the final vote

Gabriela Creţu


OPINION of the Committee on Transport and Tourism (27.2.2008)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange

(COM(2007)0303 – C6‑0159/2007 – 2007/0113(COD))

Draftsman: Emanuel Jardim Fernandes

SHORT JUSTIFICATION

Background:

On 8 February 2007 the Commission embarked on a full-scale review of the acquis communautaire on consumer affairs, with the adoption of a Green Paper(1) setting out a number of possibilities for the reform of the acquis in that sphere, based on a mixed approach - horizontally, proposing an instrument for the systematic updating of the common aspects of the acquis; and, vertically, with the revision of aspects specific to particular sectors, including the revision of Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis. In addition, Parliament, in its resolution of 4 July 2002(2), recommended that the Commission should take measures to deal with consumers' problems over timeshare products, basing its position on the consumer protection provisions of Article 153 of the Treaty.

The Commission proposal:

- Consultation of the interested parties:

The consultation carried out by the Commission confirmed the existence of serious consumer problems related to long-term holiday products and to the mediation of resales, as well as, to a lesser extent, timeshare and exchanges.(3). In addition, the less ambitious consultation carried out by the draftsman confirmed the presence of market imbalances: - as in the Commission's consultation, while different parties expressed different points of view, the majority agreed that the existing directive should be revised and did not believe that the current problems can be dealt with purely by improving the implementation of the existing text or via self-regulation mechanisms within the industry.

- Justification and objectives of the Commission proposal:

Since the adoption of Directive 94/47/EC, the market has evolved substantially in terms of supply and of the significant development of new products that are marketed in a similar fashion to and are in economic terms similar to timeshare. In general, these involve a substantial upfront payment plus subsequent payments linked to the use of holiday accommodation (alone, or in combination with other products). These products tend not to fall within the scope of Directive 94/47/EC, and this has led to significant problems for consumers and businesses.

The Commission proposal consists essentially of alterations to the definitions and scope of Directive 94/47/EC, the aim being to extend its coverage to new types of holiday products and to clarify and update the requirements concerning the content and language of the information and contracts supplied to the consumer.

Draftsman's position:

The draftsman considers that the commercial activities covered by this directive are of major importance for tourism in the EU and, more specifically, for operators and consumers in the Union. The guiding thread in this opinion will therefore be the need to reinforce the position of the consumer in any transactions concerning the acquisition of user rights. The draftsman therefore, in line with the position expressed by Parliament in 2002, considers that Article 153 should be used in conjunction with the legal basis proposed by the Commission, with a view to ensuring a high level of consumer protection.

In addition, the draftsman considers it necessary to expand and update the basic definitions of the directive, with a view to ensuring that it does not rapidly become out of date and reinforcing the language and information requirements relating to the Member States and the traders, so guaranteeing a more stable and transparent market. The consumer will thus benefit from more and better information and should therefore be spared any need to withdraw from a contract on grounds such as altered circumstances or failure by both sides to give sufficient information. The right of withdrawal should be exercised under clear conditions that do not involve additional costs.

The draftsman also believes that, although it would be preferable to await a horizontal review of the acquis communautaire on consumer affairs, with a view to further clarifying definitions that are absolutely essential to the workings of an integrated market, as well as to the subsequent reinforcement of legal certainty for consumer protection, this is in fact not possible. The reason lies in the serious problems encountered by consumers in the exercise of their rights, especially at transnational level: this is due not to any lack of harmonised Community legislation in this area but to the absence of a clear Community legal framework - a framework which could usefully be complemented by national legal frameworks of a more stringent nature which would reward businesses and consumers having the correct attitudes.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission  Amendments by Parliament

Amendment 1

Preamble, citation 1

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 153 thereof,

Justification

It is clear from Article 1 of the legislative proposal and from its legal context, i.e. the revision of the acquis communautaire in the area of consumer protection, that the objective of the proposal is to strengthen consumer protection and to harmonise legislation. The Commission's proposed legal basis should therefore be complemented with Article 153 of the Treaty, in line with Parliament's report of 2004 (2000/2208 (INI).

Amendment 2

Recital 3 a (new)

 

(3a) Stressing the importance of this sector for European tourism and recalling that in its Resolutions of 8 September 2005 on new prospects and new challenges for sustainable European tourism 1 and 29 November 2007 on a renewed EU Tourism Policy2 the European Parliament had already referred to the need to review Directive 94/47/EC.

 

___________________

1 OJ C 193 E, 17.8.2006, p. 325.

2 Texts adopted, P6_TA(2007)0575.

Justification

The European Parliament has always concerned itself with consumers’ rights as regards tourism. It is therefore appropriate that reference should be made to the two resolutions on this matter adopted during the current legislative term.

Amendment 3

Recital 4

(4) This Directive should be without prejudice to national rules relating to registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

(4) This Directive should be without prejudice to national rules relating to registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive, save where such national rules are less stringent than those laid down in this Directive, as regards consumer protection, and without prejudice to the objectives arising from the Treaty.

Justification

The aim of this amendment is to strengthen one of the two objectives of the proposal for a directive, namely consumer protection, by establishing a minimum threshold for protection.

Amendment 4

Recital 16 a (new)

 

(16a) In accordance with point 34 of the Interinstitutional Agreement on better law-making1, Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

_________

OJ C 321, 31.12.2003, p.1.

Justification

This amendment concerns implementation of the interinstitutional agreement on better law-making (OJ C 321, 31.12.2003, p.1).

Amendment 5

Article 1, paragraph 2, introductory part

2. Member States may continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, and which relate to:

2. Member States may continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, including those which relate to:

Justification

With a view to strengthening consumer protection, the aim of this amendment is to ensure that Member States can continue to apply more stringent national provisions, covering the areas mentioned in its articles but not necessarily only those areas.

Amendment 6

Article 2, paragraph 1, point (a)

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more than one period of occupation;

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more than one period of occupation. Those rights of usage shall include, in particular, implied contractual rights relating to holiday cards and clubs, tourist cards and other similar arrangements;

Justification

Legal clarification aimed at a broader definition of the concept of timeshare, with a view to ensuring that the proposed legislation does not rapidly become out of date.

Amendment 7

Article 2, paragraph 1, point (c)

(c) ’resale’ means a contract by which a trader against consideration helps a consumer to sell or buy a timeshare or long-term holiday product;

(c) ’resale’ means a contract by which a trader against consideration assists a consumer in the sale or purchase of a timeshare or long-term holiday product;

Justification

Legal clarification: the term 'assist' offers a more exact definition of the service provided and the trader/consumer relationship.

Amendment 8

Article 2, paragraph 1, point (f a) (new)

 

(fa) 'durable medium' means any instrument that enables consumers to store information addressed to them personally, allowing easy access for future reference for a period of time adequate for the purposes of the information in question, and the unaltered reproduction of the information stored;

Justification

This definition is identical to that contained in Article 2(f) of Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (providing for more up-to-date forms of information resource).

Amendment 9

Article 2, paragraph 1, point (g)

(g) 'ancillary contract' means any contract which is subordinated to another contract.

(g) 'ancillary contract' means any contract which is complementary to another contract.

Justification

Legal clarification: 'complementary' offers a more accurate definition of the legal relationship between contracts, since an 'ancillary contract' is not always necessarily 'subordinated' to a main contract.

Amendment 10

Article 3, paragraph 1

1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where it can be obtained.

1. Member States shall ensure that any advertising indicates the possibility of obtaining, on paper or in another durable medium, the written information referred to in paragraph 2 and where it can be obtained.

Justification

This definition is the same as that included in Article 2(f) of Directive 2002/65/EC and proposed for inclusion in Article 2(1)(fa) (new) of the proposal.

Amendment 11

Article 3, paragraph 2, introductory part

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide, on paper or in another durable medium, at least brief and accurate information on the following items:

Justification

The aim of this amendment is:

1) to use the same definition as in Directive 2002/65/EC, Article 2(f)(e):

2) to ensure a high standard of consumer information and thus respond positively to the various complaints frequently made by consumers regarding the insufficient nature, both qualitatively and quantitatively, of the information available.

Amendment 12

Article 4, paragraph 1

1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

1. Member States shall ensure that the contract is in writing, on paper or in another durable medium, and is drawn up in the language or languages of the Member State in which the consumer is resident or of which he is a national. That language or those languages must, in any event, be an official language or official languages of the Community, as chosen by the consumer. The Member State in which the consumer is resident may, however, ask for the information referred to in paragraph 2 to be prepared, at least, in the language or one of the languages of the consumer, which must be an official language or official languages of the Community, and for the trader to supply the consumer with an officially recognised translation of that information into the language or one of the languages of the Member State in which the movable or immovable property is located, which must be an official language or official languages of the Community.

Justification

The aim of this amendment is:

1) to act on the basis of the similar definition in Directive 2002/65/EC, Article 2(f)(e):

2) in line with the Council's present informal position on the matter, to ensure that the language regime guarantees a high level of consumer protection while not imposing excessive costs on the sector.

Amendment 13

Article 4, paragraph 2, subparagraphs 1 and 2

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

2. The written information, on paper or in another durable medium, referred to in Article 3(2) shall form an integral part of the contract, and its transmission to the consumer must be effected in a suitable, objective and clear fashion, using characters large enough to permit ease of reading. The written information shall not be altered, except where the changes result from circumstances that are unforeseen, unexpected and outside the trader's control and give rise to consequences that the trader could not have avoided even if he or she had made every possible effort to do so.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer before the contract is concluded.

Such changes shall be communicated to the consumer in writing, on paper or in another durable medium, before the contract is concluded.

Justification

The aim of this amendment is:

1) to bring the text into line with Amendment 7;

2) to ensure that the inclusion of substantial information is not a matter to be decided independently by one of the parties. Experience has shown that the expression 'unless the parties expressly agree otherwise' allows certain traders to propose, on a unilateral basis, membership contracts in which the consumer is induced unawares to accept that he has no access to the information, his interests thus being damaged.

Amendment 14

Article 4, paragraph 3 a (new)

 

3a. The consumer shall in all cases receive a copy of the contract, on paper or in another durable medium.

Justification

The aim of this amendment is to ensure that the consumer receives as much information as possible, in the context of the objective of ensuring a high level of protection and a stable and transparent market.

Amendment 15

Article 5, paragraph 1

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within a period of twenty-one continuous days of both parties signing the final contract. If the twenty-first day is a public holiday, the period shall be extended to the first working day thereafter.

Justification

Sales of such properties often take place whilst the prospective purchase is on holiday and thus 14 days is too short for an objective assessment of whether the purchaser is serious in wishing to proceed with the purchase.

Amendment 16

Article 5, paragraph 2

2. If the contract does not include all the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II, but the information is provided in writing within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information.

2. If the contract does not include all the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II, but the information is provided in writing, on paper or in another durable medium, within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information. Should that information not be provided within the deadline provided in this paragraph, the contract shall be null and void.

Justification

Clarification aimed at improving legal certainty in the text.

Amendment 17

Article 5, paragraph 3

3. If the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing of the contract.

deleted

Justification

It is proposed in Amendment 16 that should the information concerned not be provided within the deadline as stated, the contract shall be null and void. This makes a withdrawal period redundant.

Amendment 18

Article 5, paragraph 5

5. Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.

deleted

Justification

The right to withdraw from a contract at will is an 'ex tunc' right, i.e. its effects have an influence on the date of signing of the contract. It follows that the trader cannot ask the consumer to meet costs relating to a contract that produces no effects. Experience has shown that frequently (and illegally), when a consumer exercises the right of withdrawal in good time, he is asked to meet administrative costs, a circumstance which tends to obstruct exercise of the right to withdraw at will.

Amendment 19

Article 5, paragraph 6

6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

6. Where the consumer exercises the right of withdrawal, he shall not be required to make any reimbursement.

Justification

Legal clarification in line with Amendment 18.

Amendment 20

Article 6, paragraph 1

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money in a bank account or by credit or debit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

Justification

To cover different methods of deposit/payment guarantees.

Amendment 21

Article 6, paragraph 2

2. Any payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

2. Any payment, provision of guarantees, reservation of money in bank accounts or by credit or debit card, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

Justification

To cover different methods of deposit/payment guarantees.

Amendment 22

Article 7, paragraph 1

1. Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically terminated, without any penalty.

1. Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically rescinded at no cost to the consumer.

Justification

Legal and linguistic clarification.

Amendment 23

Article 7, paragraph 2

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any penalty, if the consumer exercises his right to withdraw from the main contract, as provided for in Article 5.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be rescinded at no cost to the consumer, if the consumer exercises his right to withdraw from the main contract.

Justification

Legal and linguistic clarification.

Amendment 24

Article 9, paragraph 2, point (a)

(a) public bodies or their representatives;

(a) public authorities or bodies or their representatives;

Justification

Clarification aimed at extending the range of organisations concerned.

Amendment 25

Article 10, paragraph 2a (new)

 

2a. Member States shall ensure the availability of full information on and access to the legal mechanisms which may be used by the consumer and the trader under Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, with reference to the out-of-court settlement of consumer disputes and legal actions of a judicial and administrative nature.

________

(1) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p.1).

Justification

In view of their public character, full information on and access to the legal mechanisms available to consumer and trader under Regulation No 44/2001 of 22 December 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters should be guaranteed by the Member States, the aim being to ensure a high level of consumer protection and a stable and transparent market.

Amendment 26

Annex I, point (c)

(c) where the contract concerns a specific immovable property, an accurate description of that property and its location; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

(c) where the contract concerns a specific immovable property, an accurate description of that property, including the level of its finishings, fixtures and fittings, and its location; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 27

Annex I, point (c a) (new)

 

(ca) where the contract provides for the right to occupy one of several properties in a group of properties, information on the restrictions on occupation of that property or, where a points system is in force, information on the need to obtain more points in order to qualify for occupation of the property concerned;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 28

Annex I, point (c b) (new)

 

(cb) information provided by the trader shall include details of any restrictions on the use of the property, planning restrictions together with full details of all planning or building consents or permissions relative to the property.

Justification

To ensure that the property being sold has been built legally.

Amendment 29

Annex I, point (f)

(f) how maintenance and repairs to the accommodation and its administration and management are arranged, including whether and how consumers may influence and participate in the decisions regarding these issues;

(f) how maintenance and repairs to the accommodation and its administration and management are arranged, including clarification of the responsibilities incumbent on the parties and whether and how consumers may influence and participate in the decisions regarding these issues;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 30

Annex I, point (g)

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation and other rights arising from the contract;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 31

Annex I, point (h)

(h) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(h) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right and the right of withdrawal;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 32

Annex I, point (i)

(i) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

(i) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the method for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 33

Annex I, point (j)

(Does not affect EN version)

Amendment 34

Annex I, point (k)

(k) whether or not it is possible to join a scheme for the exchange or resale of the contractual rights, information about the relevant schemes and an indication of costs related to resale and exchange through these schemes;

(k) whether or not it is possible to join a scheme for the exchange or resale of the contractual rights, information about the relevant schemes and an indication of costs related to resale and exchange through these schemes. The compulsory nature of the information referred to in this Annex shall apply with the necessary adaptations to the rights of exchange or resale;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 35

Annex I, point (m)

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract in the event that the consumer should exercise that right; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract pursuant to Article 5; information about the consequences of such withdrawal;

Justification

Legal clarification in line with Amendment 17.

Amendment 36

Annex I, point (p)

(p) the existence, content, control and enforcement of codes of conduct;

(p) information on the possible application of codes of conduct to the trader and on how to obtain access thereto;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, and to provide for information to be given on whether the trader concerned is a signatory to any codes of conduct and on the means of access to their content.

Amendment 37

Annex I, point (q)

(q) the possibility for out-of-court dispute resolution.

(q) information on the law applicable to the contract and, where relevant, the possibility for out-of-court dispute resolution.

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to clarify the law applicable to the contract.

Amendment 38

Annex II, point (b)

(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections);

(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and details of the applicable penalties applying in the event that such a reasonably estimated deadline should not be met;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market.

Amendment 39

Annex II, point (b a) (new)

 

(ba) a clause stating that the consumer shall not be required to meet any additional expenses and shall not be subject to obligations other than those specified in the contract;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to guarantee that no additional expenses or obligations are passed on to the consumer other than those specified in the contract.

Amendment 40

Annex II, point (d)

(d) a guarantee regarding completion of the accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of such guarantees.

(d) a guarantee regarding completion of the accommodation and the standard of that completion or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of such guarantees.

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to provide for full compliance with the agreed standards of completion.

Amendment 41

Annex III, point (b)

(b) the exact nature of the right which is the subject of the contract;

(b) the exact nature and content of the right which is the subject of the contract, including an exact description of the rights conferred on the consumer by the contract and any restrictions applying or limited offers or time-limits in the case of specific discounts;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, as well as a clear and exact description of the rights governed by the contract.

Amendment 42

Annex III, point (d)

(d) the price to be paid by the consumer;

(d) the total price to be paid by the consumer;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, as well as a clear and exact description of the total price to be paid by the consumer.

Amendment 43

Annex III, point (i a) (new)

 

(ia) the conditions and effects of rescinding the contract and information on the consumer's liability as regards the costs arising from such rescission;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, as well as to introduce the obligation to provide information on the possibilities, conditions and consequences of rescindment of the contract and on the consumer's liability as regards the costs arising from such rescindment.

Amendment 44

Annex IV, point (e)

(e) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw;

(e) information on the right to withdraw from the contract pursuant to Article 5;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, as well as to introduce the obligation to provide information on the right to withdraw from the contract, pursuant to Article 5.

Amendment 45

Annex IV, point (e a) (new)

 

(ea) the conditions and effects of rescinding the contract and information on the consumer's liability as regards the costs arising from such rescission;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, as well as to introduce the obligation to provide information on the possibilities, conditions and consequences of rescindment of the contract and on the consumer's liability as regards the costs arising from such rescindment.

Amendment 46

Annex IV, point (h)

(h) the existence, content, control and enforcement of codes of conduct;

(h) information on the possible application of codes of conduct to the trader and on how to obtain access thereto;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, and to provide for information to be given on whether the trader concerned is a signatory to the codes of conduct and on the means of access to their content.

Amendment 47

Annex IV, point (i)

(i) the possibility for out-of-court dispute resolution

(i) information on the law applicable to the contract and, where relevant, the possibility for out-of-court dispute resolution.

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to clarify the law applicable to the contract.

Amendment 48

Annex IV, point (i a) (new)

 

(ia) a clause stating that transmission shall be carried out free of any fees or charges.

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to provide for the transmission to be carried out free of fees or charges, under penalty of the consumers being deprived of their right, in the case, for example, of execution of a mortgage.

Amendment 49

Annex V, point (b)

(b) the exact nature of the right which is the subject of the contract

(b) the exact nature and content of the right which is the subject of the contract;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to provide for the transmission to be carried out free of extra charges or responsibilities, under penalty of the consumers being deprived of their right, as in, for example, the case of the execution of a mortgage.

Amendment 50

Annex V, point (e)

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the method for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market

Amendment 51

Annex V, point (i)

(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract in the event that the consumer exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract pursuant to Article 5; information about the consequences of such withdrawal;

Justification

Legal clarification in line with Amendment 17.

Amendment 52

Annex V, point (i a) (new)

 

(ia) a clause stating that transmission shall be carried out free of any fees or charges.

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to provide for the transmission to be carried out free of extra charges or responsibilities, under penalty of the consumers being deprived of their right, as in, for example, the case of the execution of a mortgage.

Amendment 53

Annex V, point (1)

(l) the existence, content, control and enforcement of codes of conduct;

(l) information on the possible application of codes of conduct to the trader and on how to obtain access thereto;

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market, and to provide for information to be given on whether the trader concerned is a signatory to any codes of conduct and on the means of access to their content.

Amendment 54

Annex V, point (m)

(m) the possibility for out-of-court dispute resolution

(m) information on the law applicable to the contract, and, where relevant, the possibility for out-of-court dispute resolution

Justification

The aim of this amendment is to ensure a high level of consumer protection and an open, competitive and transparent market and to clarify the law applicable to the contract.

PROCEDURE

Title

Protection of consumers in respect of certain aspects of timeshare

References

COM(2007)0303 – C6-0159/2007 – 2007/0113(COD)

Committee responsible

IMCO

Opinion by

       Date announced in plenary

TRAN

21.6.2007

 

 

 

Drafts(wo)man

       Date appointed

Emanuel Jardim Fernandes

3.7.2007

 

 

Discussed in committee

23.1.2008

25.2.2008

 

 

Date adopted

26.2.2008

 

 

 

Result of final vote

+:

–:

0:

34

1

0

Members present for the final vote

Gabriele Albertini, Inés Ayala Sender, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Brigitte Fouré, Georg Jarzembowski, Stanisław Jałowiecki, Dieter-Lebrecht Koch, Sepp Kusstatscher, Bogusław Liberadzki, Marian-Jean Marinescu, Seán Ó Neachtain, Willi Piecyk, Reinhard Rack, Luca Romagnoli, Brian Simpson, Renate Sommer, Dirk Sterckx, Georgios Toussas, Yannick Vaugrenard, Lars Wohlin, Roberts Zīle

Substitute(s) present for the final vote

Zsolt László Becsey, Philip Bradbourn, Anne E. Jensen, Helmuth Markov, Vladimír Remek, Leopold Józef Rutowicz, Ari Vatanen, Corien Wortmann-Kool

(1)

Green Paper on the review of the consumer acquis (COM (2006) 744).

(2)

European Parliament resolution (report by Manuel Medina Ortega) on the monitoring of Community policy on the protection of purchasers of the right to use immovable properties on a timeshare basis (Directive 94/47/EC) (2000/2208 (INI)).

(3)

See COM (2007) 303, p. 6.


PROCEDURE

Title

Protection of consumers in respect of certain aspects of timeshare

References

COM(2007)0303 – C6-0159/2007 – 2007/0113(COD)

Date submitted to Parliament

7.6.2007

Committee responsible

       Date announced in plenary

IMCO

21.6.2007

Committee(s) asked for opinion(s)

       Date announced in plenary

TRAN

21.6.2007

JURI

21.6.2007

 

 

Rapporteur(s)

       Date appointed

Toine Manders

16.7.2007

 

 

Discussed in committee

13.9.2007

3.10.2007

22.11.2007

23.1.2008

 

25.3.2008

 

 

 

Date adopted

19.5.2008

Result of final vote

0: 26

+: 0

–: 0

Members present for the final vote

Gabriela Creţu, Janelly Fourtou, Evelyne Gebhardt, Martí Grau i Segú, Małgorzata Handzlik, Malcolm Harbour, Iliana Malinova Iotova, Graf Alexander Lambsdorff, Toine Manders, Arlene McCarthy, Bill Newton Dunn, Zita Pleštinská, Karin Riis-Jørgensen, Zuzana Roithová, Heide Rühle, Salvador Domingo Sanz Palacio, Eva-Britt Svensson, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Giovanna Corda, Magor Imre Csibi, Brigitte Fouré, Joel Hasse Ferreira, Ian Hudghton, Othmar Karas

Substitute(s) under Rule 178(2) present for the final vote

Vladimir Urutchev

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